EVERBEST ENG. CORP. v. CONSOLID. EDISON


14 Misc.2d 431 (1958)

Everbest Engineering Corp., Plaintiff, v. Consolidated Edison Company of New York, Inc., Defendant.

Supreme Court, Special Term, New York County.

September 17, 1958.


Attorney(s) appearing for the Case

Whitman, Ransom & Coulson (Colley E. Williams and Bernard L. Sanoff of counsel), for defendant.

Davis & Heffner (Abraham N. Davis and Benjamin Heffner of counsel), for plaintiff.


HENRY EPSTEIN, J.

The defendant moves for dismissal of the complaint pursuant to subdivision 1 of rule 107 of the Rules of Civil Practice. The application made pursuant to subdivision 4 of rule 106 is withdrawn. The action claimed to be maintainable here involves an alleged grievance arising from a changeover from the distribution and sale of manufactured gas to natural gas. In its application before the Public Service Commission

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